Jackson County Courthouse, north entrance, photo by G. Morgan
Need for General Fund Cash - $10,000,000
Fair use for non-profit news reporting and commentary, photo by my "notetakingnerd.com"
Agenda Item 8, Regular Session - South Entrance of Jackson County Courthouse to Close on Thursday, June 6, 2019 due to budget constraints. I asked Mr. Guffey when the south entrance would be reopened, his reply: "Whenever Mr. Livingston provides us with money to reopen the door."
Agenda Item 6, Work Session - County Commission Chair stated prior to distribution of funds distributed from the TVA-in-Lieu-of Tax to separate corporate entities such as the Jackson County EDA, Jackson County Health Care Authority, ARC, Boys and Girls Club, Earnest Pruitt Center for Technology and others including Libraries, Schools, etc. the entities stated in the law, according to the commission chair, must submit their budget for County Commission approval or funds may not be distributed. (see video segment) Link to (Passed) 2018-03-13 - Assigned Act No. 2018-270. [SB347 Detail]:
https://legiscan.com/AL/text/SB347/2018 also local law: https://codes.findlaw.com/al/title-45-local-laws/al-code-sect-45-36-162.html
An "annual accounting in the use of the funds" does not necessarily equal the organization's receiving funds must provide a budget submission to the Jackson County Commission for approval, there is no definition for "annual accounting."
The chair of the commission states in accordance with this local law that money may be withheld from the following entities if an accounting for TVA in lieu of tax fund usage is not obtained by September 30, quote: "8) An annual accounting of the use of the funds appropriated in subdivisions (2), (3), (4), (5), (6), and (7) shall be furnished to the Jackson County Commission no later than September 30 of each year. In the event an annual accounting is not furnished, the commission may reduce or terminate funding for the next fiscal year for the entity failing to furnish the report by a majority vote of the commission. All resulting excess money shall then be transferred to the general fund of the county."
Entities Descriptions of Funds stated in above (2), (3), (4), (5), (6), and (7)
(2) The next one hundred forty-five thousand dollars ($145,000) of each year's payments shall be paid to the Jackson County Hospital Board to provide all residents of Jackson County with adequate ambulance service.
(3) After the above appropriations, the next thirty-five thousand dollars ($35,000) of each year's payments shall be distributed to the Scottsboro-Jackson County Rescue Squad for the maintenance and operation of the rescue squad's equipment and facilities.
(4) After the above appropriation, the next one hundred five thousand dollars ($105,000) shall be paid to the Jackson County Economic Development Authority on an annual basis.
(5) In addition to the Jackson County Economic Development Authority, as provided above, the next seventy-five thousand dollars ($75,000), shall be annually paid to the authority. All appropriations made in this subdivision to the Jackson County Economic Development Authority shall be deposited in a special industrial development fund to be used only for the purposes of this subdivision as follows: For recruiting industry; matching public or private grants the county may receive for industrial development; and special projects for site preparation, surveying, archaeological or geotechnical studies, or other direct expenses necessary to recruit industry to the county.
(6) After the above appropriation, all Jackson County volunteer fire departments in good standing with the Jackson County Association of Volunteer Fire Departments shall be authorized to receive seven thousand five hundred dollars ($7,500) each annually to help furnish adequate fire protection in the communities that they serve. The amount paid to each volunteer fire department shall be paid at the direction of the county fire marshal and disbursed to each fire chief upon approval of the county fire marshal. In addition to the above, thirty-five thousand dollars ($35,000) shall be distributed to the Jackson County Association of Volunteer Fire Departments for use by the association.
(7) The next forty thousand dollars ($40,000) to the Greater Jackson County Chamber of Commerce to promote tourism, workforce development and education, and retail and commercial development that promotes economic development in the area. The funds disbursed pursuant to this subdivision shall be disbursed in two payments of twenty thousand dollars ($20,000).
Mr. Guffey, Commission Chair, asked the county administrator if any of the listed entities had ever submitted an accounting for the use of the TVA-in-lieu of tax funds, his answer was "No." To repeat, an "annual accounting" of the TVA in lieu of tax funds does not necessarily mean a budget submission and/or approval by the Jackson County Commission for the public entity receiving TVA in lieu of tax funds. An "annual accounting" is not defined, does this mean a statement by the responsible official, or a budget submittal for approval? This has the making of a mess and conflicts.
VIDEO of Mr. Guffey's Statement
Regarding TVA In Lieu of Tax
AGENDA
VIDEO Presentation
2 comments:
What is the Comm. plans. Not provide the entities the money appropriated to them? All the groups have to do is provide their budget, what is the big deal with this? Thought they already had the entities budgets.
Thanks for your comment Ron. It is the commission which says they need a budget of entities that receive TVA in lieu of tax funds. That is not what the law says, annual accounting for the funds could be handled by a directors statement. There is no definition within the law which specifies the meaning of accounting for the funds. Accountability is important, but I think the commission is overstepping their bounds within the law. You are right, those entities which fall under the commission have submitted their budgets. Entities such as the tech school the Chamber, and others, are separate corporate entities not under the commission's management in any way form or fashion.
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